NC elections board wants Supreme Court to bypass appeals court in ongoing election protest. Why this matters
The North Carolina State Board of Elections will ask the state Supreme Court to weigh in on the ongoing election protest filed by Republican Court of Appeals Judge Jefferson Griffin.
It’s been 100 days since the Nov. 5 election, and there is no end in sight for the North Carolina Supreme Court race (the only uncertified statewide contest in the nation).
But if there’s one thing all sides can agree on, it’s a desire for a swift resolution.
That’s why the North Carolina State Board of Elections will ask the state Supreme Court to bypass the Court of Appeals.
Last week, a Wake County superior court judge rejected all of Republican Court of Appeals Judge Jefferson Griffin’s election protests. Griffin’s efforts to remove more than 66,000 ballots from the count would overturn an apparent 734-defeat to Democratic Supreme Court Justice Allison Riggs.
Griffin appealed the lower court judge’s decision to the Court of Appeals, which includes 12 Republicans and three Democrats, and asked for an expedited review.
On Wednesday, attorneys for the State Board of Elections said it would ask the Supreme Court to hear the case instead so that the election gets resolved even sooner.
“It is in the interests of justice for this matter to be resolved expeditiously,” the NCSBE wrote in a court filing. “To that end, and in light of the significant interests involved, the Board intends to file a petition for discretionary review with the Supreme Court before determination of the cause by this Court.”
On Thursday, Riggs’ attorneys agreed, citing a need to “accelerate the timeline to final resolution, to minimize the already significant burden of this dispute on judicial and taxpayer resources, and to address the significant interests involved here that all agree warrant ultimate resolution by the Supreme Court.”
The Court of Appeals on Thursday issued an order, which would likely set a hearing date in early or mid-March. Griffin has until Feb. 24 to file his brief with the court, while Riggs and the NCSBE have until Feb. 27. Response briefs are due March 3.
But if the State Board of Elections and Riggs get their way in having the state Supreme Court take up the matter directly, Griffin’s chances of success would drop. Here’s why:
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